ROSAMMA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has approached this Court for reason of a communication issued by the State Public Information Officer, at Ext.P11, in response to a query as to the fate of the application filed by the petitioner before the Local Level Committee (LLC), as constituted under Section 13 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 ('National Trust Act' for short). By Ext.P11, it was informed to the petitioner that the LLC is labouring under an apprehension as to whether the petitioner's husband could be treated as a person with multiple disability.

(2.) The facts leading to the apprehension so expressed is that the petitioner's husband, one Ulahannan, by reason of a motor accident dated 11.04.2013, was rendered comatose. The petitioner's husband has 100% locomotive disability and the life is sustained through nasal feeding. The subject does not respond to anything and is totally bed ridden. The subject is also, now, housed at Mysuru along with his daughter.

(3.) The application made before the LLC was for appointing the petitioner as guardian under the National Trust Act for the purpose of constructing a house in the 15 cents of landed property, owned exclusively by the petitioner's husband; the title deed of which is produced at Ext.P6. The petitioner's husband, being housed in Mysuru, was examined by a Medical Board constituted at K.R. Hospital, Mysuru, the certificate of which is produced at Ext.P1. The conclusion of the Board is extracted hereunder: "Now he is suffering from "POST HEAD INJURY SEQUELEC" (Bedridden). At present the disability 100%"